Posts Tagged ‘bank’

Smoke clears to reveal Vatican Bank and U.S. banks have much in common

Wednesday, March 20th, 2013

An edited version of this post by Roy Oppenheim was first published in US News and World Report’s Home Front Blog and is being redistributed on South Florida Law Blog with their permission.

White smoke coming from the Sistine Chapel at the Vatican indicates a new pope.

Now that the smoke has cleared in Vatican City – both figuratively and literally – and the Catholic Church has new leadership, one of the many issues facing Pope Francis is the pressure being exerted on the Vatican to clean up its bank.

Steeped in decades of secrecy, the Vatican Bank has been under mounting pressure in recent years to clean up its act or face global financial instability.

On the one side are those seeking greater transparency, on the other are those seeking to preserve status quo and continue to operate under a blanket of secrecy.

The Vatican Bank and America’s banks have much in common – both have lost their way and now efforts are underway in Italy and in the U.S. to reign them in and clean them up.

The Vatican Bank was created in the 1940’s and was seen as a way to get money to Eastern Bloc countries to bring an end to Communism. Today, it’s said that the bank helps the Vatican operate in places such as Cuba. A noble beginning to be sure, but in recent years there have been allegations of money laundering and the disappearance of millions.

European agencies that monitor financial institutions are pushing for change much like lawmakers in the U.S.

In recent months, several lawmakers, including Massachusetts Senator Elizabeth Warren have sounded the alarm that tougher action against banks is needed.

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Zombie foreclosures continue: Zombies aren’t after us, they’re in charge of us

Friday, March 1st, 2013

This post by Roy Oppenheim was originally published in Yahoo! Homes and is being redistributed on South Florida Law Blog with their permission.

470_1661157Recently, we won a court victory against one of the nation’s biggest financial players.

Our client, who had a $2.5 million mortgage, stopped making payments after the bank forced placed insurance on the home, even though he already had insurance. Forced placed insurance is a policy that, as the name implies, is placed on a home when the homeowner’s own policy either has lapsed or the bank decided it’s not sufficient.

Just before our client was about to get a “directed” — or favorable — verdict from the judge, the bank fell on its sword and dismissed the suit, recognizing it was about to lose the case because it was unable to prove that it had the proper documentation needed to legally foreclose on the home.

But this win could be short-lived since our client can still fall victim to what is quickly becoming known as a “zombie foreclosure.” As the name suggests, these zombie foreclosures are even more of a nightmare than your basic, everyday foreclosure.

Thousands of homeowners have and continue to become victims of zombie foreclosures — liable for homes they didn’t even know they owned after lenders decided not to pursue a foreclosure after all.

As I have written about previously, banks have been walking away from foreclosures with impunity because it simply isn’t worth their time or money to pursue them. Because there are no regulations in place that say the lenders must tell the homeowner that they have changed their mind about the foreclosure, borrowers are still on the hook — not only for the mortgage on a home they may, or may not, live in, but also any property taxes, homeowner association fees, etc.
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The Hazard of Moral Hazard

Tuesday, January 15th, 2013

Roy Oppenheim’s commentary was originally published on Yahoo Homes! and is being redistributed on South Florida Law Blog with their permission

Businessman walking tightropeThose who cannot learn from history are doomed to repeat it.

We already know that the banks haven’t learned from their mistakes. They can and often will engage in risky behavior given the opportunity.

So why do regulators and those who have the chance to do something about it continue to give banks the wiggle room? Wall Street’s business model is inherently flawed, which is why banks are continually getting hit with hefty fines.

Yet banking lobbyists continue to hold immense clout in shaping regulation that will have a lasting impact on housing for years to come.

The business pages have been littered with headlines lately suggesting that governments still treat the banks like E.F. Hutton. When they talk, regulators still listen; case in point, the Basel Committee on Banking Supervision easing up on certain liquidity requirements in the Basel III rule. There is a great deal of dense technical jargon that will quite frankly bore most of you but the takeaway is this — banks still get their way and will still be able to take as many risks as they want.

Back here in the States, new mortgage lending rules trotted out by the Consumer Financial Protection Bureau are supposed to curtail so-called “liar loans” by requiring a more vigorous income verification process.

Except that those new tougher standards will be eased in over the next few years rather implemented immediately, so for the meanwhile it is business as usual.
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Redefining Economic Homicide: How To Hold The Bankers Responsible

Friday, November 30th, 2012

Roy Oppenheim’s commentary was originally published on Yahoo! Homes and is being republished on South Florida Law Blog with their permission.

Money in HandcuffsActions have consequences. It is a simple notion, but in the broad sense of the economic meltdown here in the United States, it is one that has often failed to play out.

We have been led to believe that banks are not only ‘Too Big To Fail,’ but also ‘Too Big To Jail” and that their employees will not be held liable for the misdeeds performed in pursuit of the almighty dollar.

We have managed to jail the Bernie Madoffs and Allen Stanfords of the world but we are still grasping on how we can hold the vast Wall Street financial complex responsible for their institutional misdeeds.

And while Ponzi schemers and the like have affected many, many people, our government has failed to hold the larger corporations responsible for a housing and financial collapse that the banks should have seen coming.

But I believe it can be done, and if you take a long hard long across the globe, and even here in the US, you’ll find that governments are starting to redefine a corporation’s culpability, liability and responsibility to the public.

Why? I believe that the very definition of corporate crime is being looked at in a new light. No longer is it simply viewed as white-collar crime, but rather a form of economic homicide. This is no longer just a matter of money lost or bottom lines being padded, there are real victims whose lives have been devastated and in some cases, lost to a company’s culpability and wanton disregard of their reckless actions.
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